Code of Alabama
Ala. Code § 13A-5-4 (2026)
Designation of Offenses.
✓ official Alabama Legislature (ALISON) text, current July 2026
(a) The particular classification of each felony defined in this title, except murder under Section 13A-6-2, is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony.
(b) The particular classification of each misdemeanor defined in this title is expressly designated in the chapter or article defining it. Any offense defined outside this title which is declared by law to be a misdemeanor without specification as to classification or punishment is punishable as a Class C misdemeanor.
(c) Every violation defined in this title is expressly designated as such. Any offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.
(Acts 1977, No. 607, p. 812, §1215.)
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1982–2022 · leading case: Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014).
Tulley v. City of Jacksonville, 199 So. 3d 779 (Ala. Crim. App. 2014). “Thus, there is no merit to the City’s argument regarding §§ 13A-5-4, 13A-5-7, and 13A-5-12. As noted above, however, Tulley’s conviction was for violating Jacksonville Ordinance No.”
Gholston v. State, 620 So. 2d 719 (Ala. 1993). “, A, B, or C, for purposes of uniform sentencing ranges that is inapplicable to the offense stated at § 13A-11-72(a), see § 13A-5-4; and 3) the legislature has approved a significantly lighter punishment for this offense than is mandated for even the lowest classified felony, i.”
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). “See the Commentary to § 13A-5-4: "`To the extent that there are some crimes now found outside former Title 13 which have not been subsumed by the Criminal Code and which are not repealed, it is desirable that they be incorporated into the Criminal Code, at least those which…”
Thompson v. State, 525 So. 2d 820 (Ala. 1985). “Section 13A-5-4, Code of Alabama 1975, states: "`Any offense defined outside this title which is declared by law to be a felony without specification of its classification or punishment is punishable as a Class C felony.”
Tulley v. City of Jacksonville, 199 So. 3d 812 (Ala. 2015). “The main opinion of the Court of Criminal Appeals disagreed with the City’s argument that the general sentencing provisions' in Ala.Code 1975, § 13A-5-4 (formalizing the objective that punishment be determined through the designation of an offense as a felony or misdemeanor…”
Aplin v. State, 421 So. 2d 1299 (Ala. Crim. App. 1982). “The State should, a reasonable time prior to the hearing, notify appellant of the prior convictions under which it plans to proceed, although for all practical purposes appellant has already been informed.”
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995). “Indeed, § 13A-5-4(c) states that "[a]ny offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.”
Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022). “4 Thus, Tisdale's conviction under § 3-1-28 is a 4The Commentary for § 13A-5-4 provides: "Subsection (a) makes all felonies defined outside the Criminal Code for which no punishment is provided Class C felonies, the lowest category.”
United States v. Smith, 398 F. App'x 495 (11th Cir. 2010). “2003); Ala.Code §§ 13A-5-4, 13A-5-6(a)(3), 13A-ll-84(a).”
— Ala. Code § 13A-5-4(a) — 2 cases
Gholston v. State, 620 So. 2d 719 (Ala. 1993). “, A, B, or C, for purposes of uniform sentencing ranges that is inapplicable to the offense stated at § 13A-11-72(a), see § 13A-5-4; and 3) the legislature has approved a significantly lighter punishment for this offense than is mandated for even the lowest classified felony, i.”
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005). “See the Commentary to § 13A-5-4: "`To the extent that there are some crimes now found outside former Title 13 which have not been subsumed by the Criminal Code and which are not repealed, it is desirable that they be incorporated into the Criminal Code, at least those which…”
— Ala. Code § 13A-5-4(b) — 1 case
Deborah R. Tisdale v. State of Alabama (Ala. Crim. App. 2022). “4 Thus, Tisdale's conviction under § 3-1-28 is a 4The Commentary for § 13A-5-4 provides: "Subsection (a) makes all felonies defined outside the Criminal Code for which no punishment is provided Class C felonies, the lowest category.”
— Ala. Code § 13A-5-4(c) — 1 case
Johnson v. State, 675 So. 2d 512 (Ala. Crim. App. 1995). “Indeed, § 13A-5-4(c) states that "[a]ny offense defined outside this title without specification as to punishment or as to felony or misdemeanor is a violation.”
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